brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
|KIDUSHIN 73-75 - Sponsored by the Turkels of NY to merit a Refu'ah Sheleimah for Mindl Adina bas Yentl Yenta Yehudis and Yehuda Leib ben Tzipora Rochel and Avrohom Yeshaya ben Aviva, among the ailing of Klal Yisrael.|
If two people give money to a person who is selling an object and we don’t know which one gave it with the Da’as of the seller and which one gave it against his will, the seller is believed as long as the object is still in his hands.
A judge is believed to say which Baal Din was Zocheh and which one was Chayav as long as the Baalei Dinim are still standing in front of him
A midwife is believed in the immediate aftermath of the birth to say which one of the twins is the Bechor, for the next seven day the mother is believed and after that only the father is believed.
R. Yehudah says that just like a father is believed to say which one of his sons is a Bechor he is also believed to say that his son is the son of a divorcee or a Chalutzah and is Pasul for Kehunah. (1)
If a woman is pregnant and she claims that the father of the child is a Kohen (i.e. of Kosher lineage), R. Gamli’el and R. Eliezer say that she is believed while R. Yehoshuah disagrees. (2)
It is a Machlokes if according to R. Gamli’el and R. Eliezer only the woman is Kosher for Kehunah, but the daughter who is born is Pesulah for Kehunah. (3)
R. Eliezer holds that a Safek Mamzer may not marry a Mamzeres and she also may not marry a Safek Mamzeres.
R. Gamli’el and R. Eliezer only believe the woman if she is a place that most of the residents are Kosher, but Abba Shaul holds that we believe her even in a place where most of the residents are Pesulah.
R. Shimon Ben Yochai holds that a Kohen may marry a Giyorers who converted at less than three years old.
R. Eliezer Ben Ya'akov holds that Kohen may not marry the daughter of a Ger who marries a Giyores.
R. Dustai Bar Yehudah holds that the daughter of a Chalal who married a Bas Yisra’el is not a Chalalah and she is permitted to a Kohen
A Kohen may marry the daughter of a Ger who married a Bas Yisra’el.
R. Akiva holds that a child of a Chayavei Lav is a Mamzer Shimon ha’Teimani says only a child of Chayavei Krisus is a Mamazer, while R. Yehoshuah holds that only a child of Chayavei Misas Bais Din is a Mamzer
The Tana Kama holds that everyone who is forbidden to marry into the Kahal may intermarry with each other including a Ger Amoni or Mo’avi.
Even though R. Yehudah holds that a Ger may not marry a Mamzeres he agrees that a Ger Amoni or Mo’avi may marry a Mamzeres because they are forbidden to marry a Bas Yisra’el
A Ger Amoni, Moavi Mitzri, or Adomi, or a Kusi, Nasin, or Chalal who is Bo’el a Kohen Leviyim or Yisra’elis she is Pesulah for Kehunah
R. Yosi says that anyone whose children are Pasul invalidate a woman from Kehunah. (4)
A BIT MORE
1. The Chachamim argue and they say that the father is only believed to say that his son is a Bechor, but he is not believed o say that he is a Chalal.
2. According to R. Gamli’el and R. Eliezer we believe her that the father is of Kosher lineage and we don’t assume that she had relations with someone who is forbidden to her and invalidates her from Kehunah
3. According to one opinion we only believe her regarding her own Kashrus because she has a Chezkas Kashrus but not regarding the Kashrus of her daughter because the daughter does not have a Chezkas Kashrus.
4. R. Yosi holds a Mitzri Sheni does not Pasul a woman from Kehunah because his children are permitted to intermarry with the Kahal.
CLAIM OF THE JUDGE
A judge is believed to say which Ba’al Din was Zocheh and which one was Chayav as long as the Ba’alei Dinim are still standing in front of him but once the Ba’alei Dinim are no longer standing in front of him he is not believed. However that which the judge is not believed is only if there was only one expert judge who judged the case alone, or if the Ba’alei Dinim made up among themselves to accept the decision of an individual judge. In these case since the judge is only one individual he is not believed if the Ba’alei Dinim are no longer standing in front of them. However if there are two judges or more, the judges are always believed even if the Ba’alei Dinim are no longer standing in front of them. Even if two witnesses testify differently the judges are believed even more than the witnesses. (Tur)
IF A WOMAN HAD RELATIONS AND SHE CLAIMS THAT THE BO’EL IS A KOSHER PERSON SHE IS BELIEVED AND NOT ONLY THAT BUT EVEN IF SHE IS PREGNANT SHE IS BELIEVED THAT THE FATHER IS A KOSHER PERSON AND SHE IS KOSHER FOR KEHUNAH ALONG WITH HER DAUGHTER. HOWEVER, SHE IS ONLY BELIEVED IF THE PLACE OF THE BI’AH WAS AT A CROSSROADS, OR IN THE A CARAVAN OUT IN THE FIELD WHERE EVERYONE PASSES BY AND MOST OF THE PASSERSBY ARE KOSHER AND MOST OF THE CITY WHERE THE PASSERSBY COME FROM ARE KOSHER PEOPLE BECAUSE THE CHACHAMIM INSTITUTED A MA’ALEH FOR YUCHSIN AND REQUIRE TWO MAJORITIES. BUT IF MOST OF THE PASSERSBY ARE PASULIM SUCH AS KUSIM OR MAZE’IRIM EVEN IF MOST OF THE PEOPLE FROM THE PLACE WHERE THEY CAME FROM ARE KOSHER OR VICE VERSA WE ARE CONCERNED FOR THE POSSIBILITY THAT SHE IS HAD RELATIONS WITH SOMEONE WHO IS PASUL AND SHE MAY NOT MARRY A KOHEN L’CHATCHILAH BUT B'DIEVED IF SHE MARRIES A KOHEN SHE MAY STAY WITH HIM. (SHULCHAN ARUCH EH 6:17)
Next Daf Index to Revach for Maseches Kidushin